Harassment In The Workplace: Does The Victim's Perception Matter? | The HR Space

Over the last few years, decision-makers across the country have regularly been called on to interpret the meaning of "harassment". Certain principles have emerged from the main cases. Decision-makers usually look at the situation objectively. In other words, they don't typically put much emphasis on subjective elements, such as the perception of the victim.

However, an arbitrator in Quebec recently did just that. In Bombardier inc. et Association internationale des machinistes et des travailleurs et travailleuses de l'aérospatiale, section locale 712  (PDF - available in French only), the arbitrator reinstated an employee who had been fired for sexually harassing a female co-worker. Why? Because the victim was not truly offended by the sexual content of the messages the harasser posted on social media.